Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?
I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need to amend, what process do I go through since I don't know where she is?
A:
It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which would require signatures of your X-wife, since it is her signatures that are causing the problem. If you can't obtain her signatures you will likely have to clear the title defect through a Quiet Title action.
I recommend bringing the deeds and the issue to an attorney to help you resolve this problem.
A: You may need a quiet title action, but I would try something else first. See if the title company will accept a certified copy of the divorce decree showing the name change. Alternatively, you might file a CRCP Rule 70 motion to ask the court to execute the correction deed in her name.
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